{Posted on behalf of Susana Luarca}
Dear Friends,
The Guatemalan newspaper "Siglo Veintiuno" brings today the news that two presidents of commissions of the Congress, a congressman, the Attorney General and Josefina Arellano, the chief of the children section of the PGN traveled to The Hague, to inform about the new developments regarding the adoptions law. The same article states that the trip was made with the blessings of the Canadian and US ambassadors, who are glad that Guatemala is about to change its adoptions law.
The trip itself is just a waste of time and money, because there is no need to send five people, - all expenses paid - to Europe, to inform to an organism that Guatemala does not belong to, of the practical application of a treaty that Guatemala is not a member any more. On the other hand, if they really could pass the law, they would have done it as a matter of "national urgency", overnight and without warning, as they passed the approval to the Hague Convention in August 13, 2002. Because they still don't have the votes, we have to work harder, to make all the congressmen and women, who are not aware of the dangers of such a law vote against it.
The support of the ambassadors and especially, of the new US ambassador to this law, that would derail the adoptions of so many children is something that the citizens of those countries should not allow. Talk to your senators and congressmen and to everyone who would listen, that the support to such a law means a death sentence to many children.
ADA will do whatever is necessary to keep the system running. All we need is your support. We accept donations and prayers.
Best regards,
Susana Luarca
Thank you for the advice. Today we have been emailing Congressman and Senators rallying for support against the proposed Ortega Law. We need everyone's support with this. We will continue to spread the word around as much as we can in order to help the innocent children whose lives are so greatly impacted by this.
Thanks for the updates. Does anyone have a "sample" email/letter to send congressmen, senators, etc? Thanks
Posted by: Merry at September 19, 2005 08:37 AMHas anyone heard when the second round of votes will take place?
Posted by: Lynn at September 19, 2005 10:37 AMThe second reading will take place on September 26th.
Posted by: Kevin at September 19, 2005 10:57 AMI heard the second reading was taking place tomorrow?? I hope someone can verfiy when the reading is set! I'd love to know
Posted by: anie at September 19, 2005 11:32 AMThe website of the Guatemalan Congress indicates that the second debate is on the agenda for tomorrow (9/20). Maybe it's expected that they won't get to it tomorrow??
Posted by: Anne at September 19, 2005 11:38 AMIt is my understanding that the second reading is tomorrow, 09/20/2005, and the third reading would be on 09/26/2005.
Posted by: Jennifer at September 19, 2005 12:38 PMI apologize for my incorrect post. The above information from Jennifer is correct. My post was wrong. The second reading is tomorrow, and the third reading on the 26th.
Posted by: Kevin at September 19, 2005 02:39 PMAnd if it passes on third reading, is that it, counting from that day? Am sitting on pins and needles waiting for my POA to get there!! Thanks for the great updates.
Posted by: lcreekmo at September 19, 2005 03:46 PMWhat happens if it passes tomorrow and fails on the 26th, or fails tomorrow? I am confused about how that works.
Posted by: Jennifer at September 19, 2005 03:51 PMHi,
I would like to know what the Ortega Law involves? What are the changes? Could someone please fill me. I apprecaite it!
Kathleen
Posted by: Kathleen at September 19, 2005 03:59 PMThe second reading of the proposal will take place tomorrow. There is no way to know when the third reading will take place, but it will not happen on the 26th. because it is Monday and the sessions are never on Monday.
The second reading will be done and that does not mean that the law will be approved, because there is not actually a vote on the merits of the law. It is until the third reading that the discussion starts and there is also a reading of the law, article by article, where the arguments against or in favor of the law will be heard.
The notarial process of adoptions is protected by the Constitution, so even if the law is approved, the Constitutional Court will restore the notarial process. Have faith and support the efforts to oppose this proposal that would stop adoptions until we succeed again.
Susana Luarca - ADA
Is it true that even if/when the Ortega Law is passed, all adoptions currently in process will not be halted? from what I read, it sounded like it would only apply to new adoption cases from that day (whenever it may be) on and cases in process would be "grandfathered" so to speak. Is this true?
Thanks for any info on this as we are set to go into PGN in a few days.
Susanna wrote "The notarial process of adoptions is protected by the Constitution, so even if the law is approved, the Constitutional Court will restore the notarial process."
Does this mean that (IF/WHEN the law passes & assuming the court restores the notarial process) PGN wouldn't be in charge of referrals and interfacing with the birthmother's afterall?
I believe I understand that a notary in Guatemala is an attorney (in this case, the attorney that handles the adoption case). Which parts of the notary's current responsibilities are protected by the Constitution?
Susanna, thank you for your advocacy and for keeping us up to date. May you and your collegues be encouraged in your fight.
Posted by: Jennifer at September 19, 2005 07:51 PMLeah is correct. The new law (if passed by the third reading) would only apply to people who have not gotten a referral AND have not gotten a Power of Attorney registered in Guatemala. IF the third reading (whenever it is, NOT on the 26th) passes, I believe it becomes law eight days later when it is posted in Guatemala's register (of laws).
Posted by: Kevin at September 19, 2005 07:58 PMIf the law passes, what exactly does it do for people waiting for a referral? We are on a waiting list that is about two months wait.
Posted by: Melodee at September 19, 2005 09:16 PMWhat does it mean for us who are thinking of starting paperwork in the near future?
Posted by: katy at September 19, 2005 09:22 PMWhat really has me worried, is how calm Susana seems to be. She often goes to extremes about these matters.
Posted by: ana at September 19, 2005 09:45 PMWhile the law proposal (as posted on this site) does indeed "grandfather" cases started before the law would take effect IF it were to pass, I would caution that there would likely be ripple effects to those grandfathered cases as PGN's efforts become concentrated to dealing with the law, its "new" duties, and the legal challenges to the law. This is precisely what happened during the Hague mess of 2003, and from what I can see there is no reason to expect that it would be different at this time. However, this is just my opinion.
Posted by: ellen at September 19, 2005 09:49 PMNow I'm really confused....Per Susana's post, she stated that "there is not actually a vote on the merits of the law". So, what happens in the reading today? I guess I don't understand what the first two readings are for if there is not actually a vote. I understand that the first reading is more like a presentation or introduction to the proposed law. I'm sorry if my question is ignorant, but I am really confused!
Posted by: Jennifer at September 20, 2005 07:03 AMHi all...
While I agree with Ellen's post, I pray that people will go forward with an adoption, unless "those in the know" (Susana, etc) advise against it. We got hung up in the Hague, and even though we were "grandfathered", pretty much no cases moved for about 4 months while everyone involved with the process tried to figure out who was now supposed to be doing what. And once things got moving, the cases did not go in the order in which they were received. New cases were moving forward before cases that were "pre 3/5" moved at all.
I do not want to discourage anyone.... the bottom line is that even if one more child is adopted due to your having the courage and faith to go forward with this, then that is one more child who is given a chance for a better life.
Our children came home at almost a year and a half (14 months after referral), and even though we missed out on a lot of firsts with them, we feel like we have always been a family. Please keep in mind that it is the big picture that matters, and it really does not matter at what age your child gets home... just that he or she gets home!
Follow your hearts.... but keep on top of all the news of the proposed law. This site was the major source of news during our process! Kudos to you, Kevin!
Posted by: Martha at September 20, 2005 11:18 AMOkay so if the reading fails today is it done for now or will it go on to a third reading to discuss the merits. Please enlighten me
Ami
Like Martha, I did not want to discourage those who are in the early stages of adoption from Guatemala, or considering accepting a referral at this time. However, I think that each person must judge their own ability to weather the delays in all cases that may very likely occur if the proposed law is passed, and that these delays are likely to also affect "grandfathered" cases.
Posted by: ellen at September 20, 2005 01:11 PMSince today is the second reading, does anyone happen to know what time it is to occur? Thanks.
Posted by: Lynn at September 20, 2005 01:33 PMToday's session starts at 14:30 hours Guatemala time, which is 16:30, or 4:30 PM, Eastern Daylight Time. For a look at the agenda, go to http://www.congreso.gob.gt/gt/ver_agendadia.asp?id=245
The adoption law is 5c) Proyecto de decreto que dispone aprobar Ley de Adopciones.
3217
What a nightmare! We just started Guatemala adoption after long delays in India dashed our hopes and that program essentially closed. I'm feeling discouraged today and have put. I'm early in the process (pre homestudy) and I feel like putting my paperwork on hold until after the 26th. I did hear today that the country of Georgia may be re-introducing it's foster care infant program...Let's all keep our fingers crossed that the unscrupulous agencies and attorneys working in Guatemala haven't messed things up for the scrupulous ones.
Posted by: Kathleen at September 20, 2005 04:37 PMSo how did it all turn out?????? I have been on pins and needles, as I am sure everyone else has. What do you hear Kevin?
Posted by: Kate at September 20, 2005 07:28 PMHi All,
Very helpful Q & A here. Thanks. We are just about to start a homestudy & do have our hearts set on Guatemala.
Maybe by the time our papework is completed all this will be resolved? I heard that this proposed change is not new and has failed each time. Perhaps it's worth playing the odds.
Posted by: Amy at September 20, 2005 07:44 PMI just accepted a referral today for a baby girl just born on the 17th, my agency seems to think I will be okay but who knows.
Posted by: Amy at September 20, 2005 08:56 PMAny news yet on the law?
Posted by: nancy at September 20, 2005 10:45 PM